IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21, in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.
BY
TELECONFERENCE
VIA
ZOOM WEBINAR
By PC:
MEETING URL:
https://tinyurl.com/ncusvn4h
MEETING ID: 924 9319 5201
By Telephone:
+1 669-900-9128
MEETING ID: 924 9319 5201
CITY COUNCIL
AGENDA
Tuesday, September 27, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 09.27.22
How to follow or participate in the meeting:
Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting by following instructions below:
Send your e-mail to [email protected] by 3pm on the day of the meeting.
Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:https://cityoforinda.box.com/s/aqrelwbwv0wc37m5hkju2o8a0sta7bup Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
To comment orally in real time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone.
City Council
Agenda Page 2 09.27.22
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. New Employee Introductions – Celina Palmer & Donna Baarsch E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. September 6, 2022 - Closed Session Meeting
2. September 6, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of September 28, 2022 to October 27, 2022 Pursuant to the Provisions of Assembly Bill 361.
City Council
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F.3. Monthly Report of Receipts and Disbursements for the Period June 1, 2022 through June 30, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2021 through June 30, 2022
Recommendation:
Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of June 2022.
F.4. Award a Professional Services Contract for the Construction Management of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to UNICO Engineering Inc. of Folsom, CA for an amount of $ 302,274.97.
Recommendation:
Staff recommends that City Council award said contract, authorize the City Manager to administratively approve change orders not to exceed $50,000, and appropriate funding in the amount of $45,000.
F.5. Resolution Honoring Former Long-time Art and Clay Instructor Anne Parr by Naming the Community Center Clay & Kiln Room After Her Recommendation:
Staff recommends the City Council approve City Council Resolution 45-22 in order to honor former long-time art and clay Instructor Anne Parr by naming the Community Center Clay & Kiln Room after her.
F.6. Utility Trench Cut Permits- Street Moratorium Policy Update Recommendation:
Receive and file report
F.7. 4th Quarter General Fund Preliminary Report Fiscal Year 2021-2022 (July 2021 - June 2022)
Recommendation:
Receive and file the preliminary report.
F.8. Accept contract completion of Catherine Court to Martha Road Trail Maintenance Project No. 4140 by Central Pacific Engineering, LLC Recommendation:
Staff recommends that the City Council adopt Resolution 44-22 Acceptance of Work for the Catherine Court to Martha Road Trail Maintenance Project No. 4140 by Central Pacific Engineering, LLC. of San Mateo, California and authorize the City Clerk to sign and file the Certificate of Completion with the Contra Costa County Clerk-Recorder.
G. CONTINUED PUBLIC HEARING
G.1. Wilder Annual Review
City Council
Agenda Page 4 09.27.22
Recommendation:
Conduct a continued public hearing to consider any actions that OG Property Owners, LLC (“OGLLC”) has taken to bring its performance into good faith compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended and the further actions required to bring OGLLC into good faith compliance with the DA. Staff recommends that the City Council adopt Resolution No. 46-22 finding that OGLLC still has not complied in good faith with the DA and related approvals and directing OGLLC that it shall, by October 11, 2022, bring its performance into good faith compliance with the DA and appear before the City Council at a continued public hearing on October 11, 2022.
H. POLICY MATTERS
H.1. Policy Discussion Regarding a Potential Building Electrification Ordinance that would Prohibit New Natural Gas Connections for Certain Development Projects
Recommendation:
Receive report and provide feedback to City Staff in the form of a motion identifying recommended local amendments to the 2023 Energy and Building Code.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, October 11, 2022 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in City Council
Agenda Page 5 09.27.22
advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notice ~
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org.
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary.
Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.